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(영문) 서울고등법원 2013.04.11 2012노4210
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter referred to as the “defendants”) are often divided and reflected in depth.

In addition, the Defendant continued to engage in the previous crime of imprisonment with prison labor and has made efforts to return to the society relatively in good faith.

The crime of this case was committed by the defendant due to the retroactive application of an order to attach an electronic tracking device to the location of the defendant, resulting in almost loss of the defendant's desire and expectation to return to society, and the crime was committed in the state of labor and sporassium. Among them, the crime of this case was committed by the police officer called out and the crime committed by rape was committed by contingently.

In addition, considering the sentencing conditions such as the poor growth process and poor family environment of the defendant, the sentence imposed by the court below is too unreasonable.

B. The Defendant, who committed robbery, injury, rape, etc. several times, was sentenced to a total of 18 years prior to the instant crime, and completed the execution of the sentence, and was subject to an order to attach an electronic tracking device for seven years.

Nevertheless, the victims committed the instant crime of rape and cruel murder by taking excessive measures and threatening victims.

In this respect, it is difficult to expect that the defendant will be subject to suppression of crime any longer only on the basis of imprisonment.

According to the results of the judgment prior to the judgment of the defendant, the risk of recidivism was assessed very high.

Considering all these circumstances, the lower court’s punishment against the Defendant is too unfilled and unfair, and accordingly, the Defendant should be sentenced to death penalty, which is the maximum statutory penalty.

2. Determination:

A. The part of the Defendant’s case (e.g., inducing the way to rape the victim E, the Defendant saw the victim’s scambling, stringing, and cutting off the scam to his hand.

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